Emil Bove, a top Justice Department official nominated for a circuit court judgeship, on Wednesday confirmed an earlier POLITICO report about an internal inquiry into his conduct at the Manhattan U.S. attorney’s office that concluded he should be demoted from a leadership position.
Bove ultimately wasn’t demoted, POLITICO reported, in part because he pleaded with the office’s leadership for a chance to improve his behavior. “You are aware of this inquiry and their recommendation?” Sen. Mazie Hirono asked Bove during his confirmation hearing, after reading the story aloud.
“As well as the fact that I was not removed,” Bove replied.
“Did you plead that you not be removed and that you would change your behavior?” Hirono asked. Though Bove disputed the characterization, he added: “Senator, I’m not perfect, and so when I get constructive criticism … I absolutely take account of that and try and be better at my job, and I did that in that instance.”
Hirono also said the Judiciary Committee had done its own research and “did talk to people who work for you, and they concluded that you engaged in abusive behavior and that you should be removed.”
Hirono also asked Bove about an incident that occurred around the same time as the decision not to demote him. Bove and his unit co-chief had overseen an economic sanctions case that crumbled after defense lawyers accused prosecutors of failing to turn over exculpatory evidence.
The case was eventually dismissed, and a federal judge criticized what she described as a lack of supervision by Bove and his co-chief.
“Do you recall the court making that assessment of your supervisory ability?” Hirono asked.
“I do, senator, and I respect Judge Nathan and I think that what she was trying to accomplish in that decision was to make sure there were protections in place,” Bove responded.
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